Memorandum on Common Travel Area signed

The British and Irish Governments signed a Memorandum of Understanding on the Common Travel Area on 08 May which ‘provides clarity and assurance for citizens of both countries that the way in which British and Irish citizens can live and work freely across these islands will not change’ following any Brexit.

The Tánaiste and Minister for Foreign Affairs and Trade, Simon Coveney signed the Memorandum with the British Cabinet Office Minister, David Lidington in London before a meeting of the British-Irish Intergovernmental Conference.

The sign signalling Northern Ireland, indicating the border on the island (Pic: InsideIreland.ie)

What is the CTA?

The Common Travel Area is a reciprocal arrangement between Ireland and the UK, the Isle of Man and the Channel Islands. It allows British and Irish citizens to travel freely between the UK and Ireland and reside in either jurisdiction.

It also facilitates the enjoyment of associated rights and privileges for Irish citizens in the UK and British citizens in Ireland including the right to reside, to work, to study and to access social security benefits and health services, and to vote in local and national parliamentary elections.

The Tánaiste said that while the CTA has provided rights and privileges to Irish and British citizens for nearly a century, it was never formalised.

“Many of us have personal experience of the CTA in our daily lives. This MOU {Memorandum] demonstrates and confirms the commitment of both Governments to maintaining the CTA in all circumstances. It provides clarity and assurance for citizens of both countries that the way in which British and Irish citizens can live and work freely across these islands will not change.”

There is agreement in the EU-UK Withdrawal Agreement that the UK and Ireland may ‘continue to make arrangements to maintain the CTA while fully respecting the rights of natural persons conferred by European Union law’. The Irish Government said it will continue to meet all obligations under EU law in any circumstance.

Social Security

According to the Government, Ireland and the United Kingdom have agreed that all existing arrangements regarding Social Security entitlements will be maintained in Ireland and the UK.

This means that Irish citizens living in Ireland maintain the right to benefit from Social Insurance contributions made when working in the UK and to access Social Insurance payments if living in the UK and vice versa. Existing reciprocal arrangements for other payments, such as child benefit, and pensions will also be maintained.

Reaction

Ibec, the group that represent Irish business welcomed the signing between the Irish and UK governments.

Ibec CEO Danny McCoy said the CTA is a ‘fundamental basis and premise’ on which the Northern Ireland Peace Process is built, and ‘it needs to be protected whatever the outcome of Brexit negotiations’.

“The CTA underpins longstanding Irish-UK ties and reflects the deeply integrated nature of the two countries and their economies. Many companies are organised on an Ireland-UK basis and the free flow of labour and talent between the two jurisdictions is crucial to the smooth operations of commerce.”

Education

The President of NUS-USI, the student movement in Northern Ireland, has also welcomed the signing.

The provisions in the MOU provide for:

All citizens, no matter their age, have access to all levels of education and training in either jurisdiction. This includes the EU level of fees and SUSI grants for UK citizens attending Irish Higher Education Institutions (HEIs), along with SUSI grants for Irish students attending UK HEIS.

NUS-USI President Olivia Potter-Hughes said she hoped hope that the Memorandum ‘delivers the clarity and protections required to ensure that students and apprentices studying on a cross-border basis will face no increased tuition fees and will retain their full student support’.

“The Good Friday Agreement and the rights within it must be protected, and this news marks a significant positive development for Northern Ireland. NUS-USI has consistently called for cross-border mobility to be protected, and this is a win for the rights of citizens in the North and across this island.”

The TUV MEP candidate Jim Allister said the MoU preserving the Common Travel Area ‘regardless of the final shape of Brexit exposes yet another remainer lie’.

The UK was due to leave the EU on 29 March, 2019 {Pic :Dave Kellam via Wikimedia Commons)

‘Not legally binding’

Fianna Fáil Spokesperson on Brexit Lisa Chambers welcomed the signing of the MoU, but warned that it is not a legally binding contract and subsequently ‘significant uncertainty remains due to the ongoing Brexit stalemate in the UK’.

“The reality is that the outcome and shape of Brexit is unknown, and I would have preferred if greater legal certainty had been given to the CTA to guarantee the status quo into the future. The CTA is an intrinsic part of the fabric of UK-Irish relations and whilst this MoU is welcome I believe greater consideration should have been given to making this an internationally binding treaty.”

Inside Ireland

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